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REPUBLIC NATURAL GAS CO. v. BAKER

No. 4403.

197 F.2d 647 (1952)

REPUBLIC NATURAL GAS CO. v. BAKER.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 11, 1952.

Attorney(s) appearing for the Case

Malcom Miller, Wichita, Kan. (George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter and Robert C. Foulston, Jr., all of Wichita, Kan., on the brief), for appellant.

Dale M. Stucky, Wichita, Kan. (A. E. Kramer, Hugoton, Kan., Howard T. Fleeson, Homer V. Gooing, Wayne Coulson and Paul R. Kitch, all of Wichita, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Abstractly stated, the question presented by this appeal is whether, under Kansas law, the owner or owners of mineral interests under separate tracts of land covered by one oil and gas lease, are entitled to participate pro rata in the royalty from a well drilled on one of the tracts; or whether, as the trial court held, the owner or owners of the mineral interest under the separate tract on which the well was drilled are entitled to all of...

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